Submission of the Lawsuit Petition and Other Documents to the Nearest Superiors in Administrative Jurisdiction and Extending the Scope

Abstract

The places where a lawsuit petition and other documents can be submitted in the administrative jurisdiction are shown in Article 4 of the Administrative Procedure Law No. 2577 (İYUK). However, with the 20/C article added to the İYUK with the Law No. 7329 dated 24.06.2021, a new and specific opportunity has been introduced regarding some disputes concerning certain personnel. According to the third paragraph of article 20/C, if there is a dispute arising from administrative actions and actions related to military service, and If this dispute concerns public officials, reserve officers and reserve petty officers and privates working in the Ministry of National Defense, “Petitions and all kinds of documents related to lawsuits can be given to the nearest superiors to be sent to the relevant administrative jurisdiction in addition to the places specified in Article 4.” This regulation, taken from the abrogated Supreme Military Administrative Court Law No. 1602, meets a certain and concrete need. It can be said that the enacted rule is more comprehensive than the source Law. Likewise the regulation technique of the rule and the appropriateness of its place in the Law can be discussed. This new arrangement is correct and appropriate. Moreover, the scope of regulation can be further expanded. In our opinion, petitions can be submitted to superiors in other disputes. In the same way, some additions can be made to the places where the petitions will be submitted: Postal administration, governor, district governor and Regional Administrative Courts, etc. However, the law needs to be revised for this.